The Discharge Rule in the House: Recent Use in Historical Context

August 6, 2001 –
April 17, 2003
97-856GOV

The discharge rule of the House of Representatives affords a way for Members to bring to the floor a measure not reported from committee. Before a motion to discharge may be made, 218 Members must sign a petition for that purpose. This report provides summary data on discharge petitions filed since adoption of the present form of discharge rule in 1931. It also identifies the 32 occasions since 1967 on which a committee report or floor action occurred on a measure against which a petition was filed (or an alternative measure on the same subject).

Order Code 97-856 GOV
Report for Congress
Received through the CRS Web
The Discharge Rule in the House:
Recent Use in Historical Context
Updated April 17, 2003
Richard S. Beth
Specialist in the Legislative Process
Government and Finance Division
Congressional Research Service ˜ The Library of Congress
The Discharge Rule in the House:
Recent Use in Historical Context
Summary
The discharge rule of the House of Representatives affords a way for Members
to bring to the floor a measure not reported from committee. It may also be used to
bring to the floor a special rule for consideration of a measure, either reported or
unreported, if the Committee on Rules declines to do so. Before a motion to
discharge may be made, 218 Members must sign a petition for that purpose.
Since the present form of discharge rule was adopted in 1931, 563 discharge
petitions have been filed, of which 47 obtained the required signatures. The House
voted for discharge 26 times, and passed 19 of the measures involved, but only two
became law (and two others changed House Rules). Discharge attempts, however,
may also lead indirectly to legislative success. The House considered 10 of the
measures on which petitions were completed, under other procedures, and eight of
these became law. It also took up, under other procedures, 32 measures on which
petitions were still pending. Of these, all but three passed the House, and 17 received
final approval. Overall, either the petition was completed, or the measure received
floor action by some means, in about 16% of discharge attempts.
During the past 35 years (1967-2002), discharge petitions on 12 measures
obtained the required signatures. The House voted for discharge six times, and
considered the other six measures under other procedures. Six of the 12 measures
were rejected, all of them proposed constitutional amendments, which require a twothirds majority for passage. The House adopted one amendment to the discharge rule
itself, one proposed constitutional amendment (which failed in the Senate), and four
measures that became law. During this period, it also used other procedures (such
as a special rule reported by the Committee on Rules) to consider 10 additional
measures on which discharge was attempted, of which six became law.
Increasingly often in recent years, the Committee on Rules has responded to
discharge efforts by reporting its own special rules for considering the measures
involved. It often does so even when the petition is not completed, especially for
petitions filed on special rules, rather than on the measures themselves. Since 1967,
measures on which this form of petition was filed have had over twice as much
chance of reaching the floor, especially under alternative procedures, as when the
petition was filed on the measure itself. Perhaps as a result, this form of discharge
has become more popular, amounting to almost 70% of petitions filed during the past
decade (1993-2002).
Only since the 103rd Congress has the number of Members signing each
discharge petition been public information. During that period, four petitions were
signed by more Members than the number belonging to the minority party. Thirty-six
were signed by fewer than this number of Members, but more than 90. Thirteen were
signed by 30-60 Members, eight by 7-30, and nine by three or fewer.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Function of the Discharge Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Key Features of the Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Data Presented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Use of the Discharge Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Frequency of Discharge Attempts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Use of the Three Forms of Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Number of Signers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Success of Discharge Attempts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Action Under Discharge Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Action Under Other Procedures After a Petition Has Been Entered . . . . . 17
Action Under Other Procedures While a Petition Was Pending . . . . . . . . . 18
Summary: Action Under All Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Recent Discharge Efforts and Floor Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Forms of Discharge and Conditions of Floor Action . . . . . . . . . . . . . . . . . . 26
Conditions of Floor Action and Legislative Success . . . . . . . . . . . . . . . . . . 29
Information Displayed on Measures Receiving Action . . . . . . . . . . . . . . . . 30
List of Tables
Table 1. Discharge Petitions Filed, 1931-2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Table 2. Discharge Petitions, 1993-2002,
by Congress and by Number of Signers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Table 3. Proceedings Under the House Discharge Rule,
1931-2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Table 4. Measures on Which Discharge Petitions Were Filed,
But That Received Action Under Other Procedures, 1931-2002 . . . . . . . . . 19
Table 5. Action on Measures on Which Discharge Petitions Were Filed,
1931-2002
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Table 6. Methods of Discharge
and Conditions of Floor Action, 1967-2002 . . . . . . . . . . . . . . . . . . . . . . . . 28
Table 7. House Disposition of Measures on Which Discharge Was
Sought, by Conditions of Floor Action, 1967-2002 . . . . . . . . . . . . . . . . . . 29
Table 8. Measures on Which Discharge Petitions Were Filed
and Which Became Available for Floor Action, 1967-2002 . . . . . . . . . . . . 33
The Discharge Rule in the House:
Recent Use in Historical Context
Introduction
Function of the Discharge Rule
The “discharge rule” of the House of Representatives (Rule XV, clause 2),1
provides a means by which a majority of Members may bring to the floor for
consideration a measure that has not been reported from committee. To initiate
action under this rule, a Member files a discharge petition either (1) on the measure
or (2) on a special rule providing that the measure be extracted from committee and
considered. If a majority of the membership then signs the petition, it enables the
House to entertain, on specified days, a motion that the pertinent committee be
discharged from considering the measure (or the special rule). If the House adopts
this motion, it then may entertain a motion to consider the measure (or it takes up the
special rule for considering the measure). Finally, if the House adopts the motion to
consider (or the special rule), the measure comes to the floor for consideration.2
The House first adopted the discharge rule in essentially this form in 1931.
From then through 2002, discharge petitions were filed on 563 measures. Most of
these never led to any floor action. During these years, the House adopted only 26
discharge motions.3 However, an additional 42 of the measures involved (or
alternatives on the same subject) reached the floor through other procedures available
under House Rules, such as pursuant to a special rule reported from the Committee
on Rules. Often, these alternative floor proceedings may have occurred because the
leadership or the pertinent committees were acting in response to the discharge
attempts.
Key Features of the Rule
Although the House has had a discharge rule since 1910, it did not adopt the
essential features of the present rule until 1931, and many features of earlier
1
U.S. Congress, House of Representatives, Constitution, Jefferson’s Manual, and Rules of
the House of Representatives, One Hundred Seventh Congress, compiled by Charles W.
Johnson, Parliamentarian, 106th Cong., 2nd sess., H.Doc. 106-320 (Washington: GPO, 2001),
sec. 892. Hereafter cited as House Manual.
2
The mechanics of the rule are described in more detail in CRS Report 97-552, The
Discharge Rule in the House: Principal Features and Uses, by Richard S. Beth.
3
Including unanimous consent requests with equivalent effects.
CRS-2
discharge procedures were not comparable with those of today. For this reason, the
data presented here address only the period since 1931.4
Elements introduced into the rule in 1931 include the establishment of three
different forms in which discharge may be attempted and the present requirements
for offering a discharge motion on the floor. The 1931 revisions also established
mechanisms to (1) ensure the ability of the House to consider a measure once a
petition receives the required 218 signatures, and (2) prevent dilatory use of the rule.
Although the discharge rule has remained unchanged in its basic structure since
1931, the House has altered its specific features on four occasions. In 1935, it
increased the number of signatures required on the petition from 145 (one-third of
the House) to 218 (one-half of the House). No further changes occurred until the
1990s, when the House:
!
eliminated a provision that had the effect of preventing debate on, or
amendment of, a special rule reaching the floor through discharge
(1991);
!
provided that the names of Members signing discharge petitions be
publicly available (1993); and
!
made the procedure inapplicable to any special rule that would have
the effect of permitting non-germane amendments, or that would
provide for the consideration of more than one measure (1997).
Data Presented
The data presented herein on use of the discharge procedure are of three kinds:
(1) overall figures on use of the discharge procedure in each Congress, 19312002 (72nd-107th Congresses);
(2) the number of signatures received by each discharge petition, 1993-2002
(103rd-107th Congresses); and
(3) a summary of any action beyond the committee stage that occurred on
measures on which discharge petitions were filed, 1967-2002 (90th-107th
Congresses).
4
For data on the use of earlier forms of the discharge rule, see Tables 2 and 3 in CRS Report
90-84, The Discharge Rule in the House of Representatives: Procedure, History, and
Statistics, by Richard S. Beth (out of print; available only from author at 7-8667). Reprinted
in U.S. Congress, House Committee on Rules, Subcommittee on Rules of the House,
Discharge Petition Disclosure: H.Res. 134, hearing, 103rd Cong., 1st sess., Sept. 14, 1993
(Washington: GPO, 1993), pp. 239-240. See also Richard S. Beth, Control of the House
Floor Agenda: Implications from the Use of the Discharge Rule, 1931-1994, paper
presented at the annual meeting of the American Political Science Association, Sept. 1,
1994, pp. 6-8.
CRS-3
The overall figures cover the entire period since the House adopted its current
discharge rule. These data include the number of discharge petitions filed, broken
down according to which of the three methods available under the rule was used.
The overall figures also indicate the success of these discharge efforts: how many of
the petitions obtained the full 218 signatures required, how many of the measures
received floor consideration, and how many of them passed.5 These data on success
cover action both under the discharge procedure itself and under other procedures.
This coverage permits comprehensive assessment of the likelihood that a measure on
which Members attempt discharge will receive favorable legislative action.
Data on the number of Members signing each discharge petition cover the
period only from the 103rd Congress forward (1993-2002). For earlier years, before
the rule was changed to require disclosing the names of Members signing, these data
are not available.
The summaries of action on individual measures begin with 1967, so that they
cover roughly the period during which the Committee on Rules has consistently
operated as an organ of the leadership in managing the floor agenda.6 As with the
overall data by Congress, these summaries include every measure on which a
discharge petition was filed, if any action beyond the committee stage of the process
occurred, either pursuant to the discharge rule or under other procedures. This broad
coverage offers concrete information on the variety of courses of action that have
occurred on measures subjected to discharge efforts.
Use of the Discharge Procedure
Frequency of Discharge Attempts
Table 1 shows the frequency with which House Members have initiated
discharge attempts, and how the frequency has fluctuated. After the present form of
the rule was established in 1931, its use remained relatively common throughout the
New Deal and World War II periods. Prior to 1950 (i.e., from the 72nd through 82nd
Congresses), more than 20 petitions were typically filed in each Congress, and
sometimes more than 30. Thereafter, however, numbers declined swiftly, no more
than seven petitions being filed in any Congress from the 84th through 90th (19551968). This period of fewer discharge petitions began toward the end of the epoch
in which the Committee on Rules did not always act as an arm of the leadership, but
continued into the early part of the subsequent era, in which the committee has
operated as a leadership organ.
5
Corresponding measures may have been taken up by subsequent Congresses without use
of the discharge procedure. This report takes no account of subsequent action of this kind.
6
Comparable information for the 72nd through 100th Congresses (1931-1988) appears in
Table 11 of Beth, Discharge Rule: Procedure (archived CRS Report 90-84), pp. 93-108.
Reprinted in Subcommittee on Rules of the House, Discharge Petition Disclosure, pp. 274289.
CRS-4
Since about 1970, the number of discharge petitions has stabilized at
intermediate levels. In 11 of the 17 Congresses included in this period (91st-107th
Congresses), 10 to 15 petitions were filed. This level was exceeded only in the 97th
and 103rd Congresses (1981-1982 and 1993-1994), and was not attained only in the
100th through 102nd (1987-1992) and 105th (1997-1998) Congresses. This period of
stability has continued through the heavy Democratic majorities of the 1970s, the
increasingly assertive Republican minorities that began in the 1980s, and the
Republican majorities that began in the mid-1990s.
The high use in the 97th Congress appears associated with attempts by the
minority to develop new means of agenda access. The steep declines in the 100th
through 102nd Congresses may reflect a developing sense that discharge offered no
promising avenue of agenda access. Because a successful discharge effort requires
support from a majority of the House, Members may have found the procedure illadapted to measures favored chiefly in the minority party. The high levels of the
103rd Congress suggest that the rule change making petition signatures public
rekindled hopes of using the procedure as a floor access tool. The subsequent return
to (and temporary decline below) more usual levels may reflect not only the
continued scarcity of successful results, but also the 1995 change in party control of
the House (104th Congress).
Use of the Three Forms of Discharge
One of the most significant innovations of the 1931 rule was the establishment
of three alternate forms for initiating discharge action. Since 1931, it has been
possible to file a discharge petition either:
!
directly on an unreported measure;
!
on a special rule providing that an unreported measure be extracted
from committee and considered; or
!
on a special rule for considering a measure already reported from
committee, but never called up for floor consideration, or still on the
calendar.
The first two methods of discharge both provide means for securing
consideration of a measure on which the committee of referral seems unlikely to act.
The second method has two advantages. First, it permits proponents to draft a special
rule that sets terms they consider appropriate for considering and amending the
measure. Second, if a discharge petition is filed directly on a measure in committee,
the committee can render the petition moot by reporting the measure. If the petition
is filed on a special rule for considering the measure, however, then even if the
committee reports the measure, it remains in order to discharge the Committee on
Rules from the special rule.7
7
The Committee on Rules could render a petition to discharge a special rule ineffective by
reporting the rule, but in that case any member of the Committee on Rules may call up the
(continued...)
CRS-5
The rule was drafted with the idea that the second method would become its
normal use.8 As Table 1 shows, however, in most Congresses since 1931, most
Members attempting to use the discharge procedure to bring an unreported measure
to the floor appear to have been either unaware of this method of discharge, or
unattracted by its potential advantages. In earlier times, the number of discharge
petitions on special rules for unreported measures did not even approach those
directly on unreported measures, except in 1937-1940 (75th-76th Congresses) and
1959-1968 (86th-90th Congresses). Discharge of special rules for unreported
measures re-emerged as a common form, however, in the 98th Congress (1985-1986),
and has continued to be so. From the 104th Congress (1994-1995) onward, in fact,
this form of discharge attempt has usually been the most common one.
The third method of discharge, by contrast, offers the possibility of bringing to
the floor a measure that the committee has reported, but which the leadership and
Committee on Rules do not schedule for floor action. Discharge attempts of this
kind, on special rules for the consideration of reported measures, were most common
during the period of “conservative coalition” control of the Committee on Rules
(roughly 1937-1960). During this period, the Committee on Rules recurrently
declined to respond to committee and leadership requests to report special rules for
considering measures reported by committees. Supporters of such measures
sometimes sought to overcome this obstacle by attempting to discharge the
Committee on Rules from a special rule for considering the reported measure.
The data in Table 1 suggest that, because this situation made Members focus
on the possibility of discharge on special rules for reported measures, it may have led
them to overlook that the discharge procedure could also be used on special rules for
unreported measures. This form of discharge attempt has become uncommon in
recent years, but it was used in the 107th Congress after the House rejected a proposed
special rule for considering a campaign finance reform bill, and the leadership
declined to make another attempt to call it up.
7
(...continued)
special rule after seven legislative days and with one day’s notice. House Rule XIII, clause
6(d), in House Manual, sec. 861.
8
Beth, Control of the Floor Agenda, pp. 13-14, 20-23.
CRS-6
Table 1. Discharge Petitions Filed, 1931-2002
Discharge Petitions Filed
Congress
and (Years)
On Unreported
Measures
(Other than
Special Rules)
On Special Rules for Considering
Unreported
Measures
Reported
Measures
Total
72nd (1931-1933)
9
-
3a
12
73rd (1933-1934)
28
-
3
31
74th (1935-1936)
25b
4
4
33b
75th (1937-1938)
20
20
3
43
76th (1939-1940)
21c
14
2
37c
77th (1941-1942)
11
4
-
15
78th (1943-1944)
14
7
-
21
79th (1945-1946)
28
6
1
35
80th (1947-1948)
15
3
2
20
81st (1949-1950)
24
3
7
34
82nd (1951-1952)
14
-
-
14
83rd (1953-1954)
6
-
4
10
84th (1955-1956)
3
2
1
6
85th (1957-1958)
2
1
4
7
86th (1959-1960)
1
3
3
7
87th (1961-1962)
2
4
-
6
88th (1963-1964)
2
2
1
5
89th (1965-1966)
4
2
-
6
90th (1967-1968)
2
2
-
4
91st (1969-1970)
9
1
2
12
92nd (1971-1972)
13
1
1
15
93rd (1973-1974)
9
1
-
10
94th (1975-1976)
13
-
2
15
95th (1977-1978)
11
-
-
11
96th (1979-1980)
13
1
-
14
97th (1981-1982)
23
1
-
24
98th (1983-1984)
6
4
3
13
CRS-7
Discharge Petitions Filed
Congress
and (Years)
On Unreported
Measures
(Other than
Special Rules)
On Special Rules for Considering
Unreported
Measures
Reported
Measures
Total
10
99th (1985-1986)
6
3
1
100th (1987-1988)
3
2d
-
5d
101st (1989-1990)
5
3
-
8
102nd (1991-1992)
5
3
-
8
103rd (1993-1994)
14
12
-
26
104th (1995-1996)
2
13
-
15
105th (1997-1998)
4e
3
1
8
106th (1999-2000)
-
11
-
11
107th (2001-2002)
-
11
1
12
Total (1931-2002)
367
147
49
563
Source: House Final Calendars for the Congresses indicated. Beth, Discharge Rule: Procedure,
pp. 77-82. Beth, Control of the House Floor Agenda, pp. 62-63. Table 8.
Notes:
a. Includes one measure reported adversely.
b. Includes one petition whose type is unknown.
c. Includes one petition filed and later withdrawn.
d. One petition was filed on a rule for considering two measures. It is counted as one petition and not
two.
e. Includes one petition to waive a rule to permit introduction and consideration of a bill.
Number of Signers
Before the House amended the discharge rule in the 103rd Congress (19931994), the names of Members signing a discharge petition were treated as
confidential unless the full required number of Members signed, in which case the
names were printed in the Congressional Record.9 Pursuant to the 1993 amendment,
the names of those signing discharge petitions each week are now also printed in the
last issue of the Record for that week. In addition, the names of signers of discharge
petitions are available through the Office of the Clerk.10 The listings in the Record
identify discharge petitions only by the numbers of the measures against which they
9
On this change in rules, see Subcommittee on Rules of the House, Discharge Petition
Disclosure.
10
They may be examined by request at the Legislative Resource Center, Office of the Clerk,
B106 Cannon House Office Building. For recent Congresses, they are also posted on the
Clerk’s Web site at [http://clerkweb.house.gov/mbrcmtee/legis/pastleg.htm].
CRS-8
are filed; their subjects are set forth in the index entry for “Discharge” in the House
Calendar.11
These listings make it possible, from the 103rd Congress forward, to ascertain
the number of Members signing each discharge petition filed. Table 2 lists all the
discharge petitions filed in each Congress from the 103rd through 107th (1993-2002).
For each Congress, petitions are listed in order of the numbers of Members who
signed. This table offers a sense of the range of support that discharge petitions may
attract.
Table 2 identifies each petition by (1) its number, (2) the special rule, if any,
that it proposes to bring to the floor, and (3) the number and subject of the underlying
measure that it proposes ultimately to bring to the floor. The notations of bill
subjects enable identification of what issues have been addressed by recent discharge
attempts. Also shown is the date on which each petition was filed, for the number
of signatures obtained may be affected by how late in the Congress the discharge
process was initiated. If any Members withdrew their signatures from a discharge
petition, the number of withdrawals is noted in a footnote. The figures in the table
do not include these Members as signers.
Examination of Table 2 shows that the levels of support discharge petitions
obtain fall into groupings fairly clearly separated in size. Although no assurance can
be given that future Congresses may display similar groupings, the consistency with
which these have continued to appear may suggest the presence of a general pattern.
A first grouping includes only four petitions (all but one in the 103rd Congress)
that gained more signatures than the strength of the minority party. Three of these
attained the full 218 signatures; the fourth fell short of this level after an active
counter-campaign by the leadership.12 Petitions that reach this level of support
evidently must draw at least some support from the majority party, and therefore
presumably will appear on legislation supported either by a bipartisan coalition or by
the rank and file of the majority party in opposition to its own leadership.
A second grouping of 36 petitions was signed by fewer Members than the
strength of the minority party, but more than half this number (usually, by more than
100). In some Congresses, petitions with this level of support have been the
predominant form; in the 106th and 107th Congresses (1999-2002), especially, almost
all petitions have fallen into this grouping. House records do not identify the party
of signers, but this level of support may often indicate a discharge effort favored
11
Calendars of the United States House of Representatives and History of Legislation is
published by the Clerk of the House and distributed to congressional offices each day the
House is in session. Its index appears in the first issue published during each week. The
contents of this document are cumulative throughout the Congress, so that the final edition
for each Congress is a useful compilation of information about its actions.
12
George Hager, “Appeal of ‘A to Z’ Puts Leaders in a Precarious Position,” Congressional
Quarterly Weekly Report, vol. 52, June 25, 1994, pp. 1681-1684. George Hager, “Gephardt
Pledges Votes on Cuts As ‘A to Z’ Holds at 204 Signers,” Congressional Quarterly Weekly
Report, vol. 52, July 2, 1994, p. 1773.
CRS-9
principally by the minority, sometimes by an essentially united party and at least by
a majority thereof.
During the five Congresses covered, only two petitions received between 60 and
95 signatures. Thirteen, by contrast, received between 30 and 60 signatures.
Whether or not the signers drew principally from a single party in the House,
petitions in this third grouping cannot be associated with a party in the same sense
as can those in the previous one, inasmuch as their level of support could not
constitute a majority of either party. This level of support nevertheless represents a
potentially significant segment of the House, so that it may often be appropriate to
view these petitions as representing factional discharge efforts.
A fourth grouping includes the nine petitions that obtained three signatures or
fewer. These appear to be understandable essentially as individualistic discharge
efforts. The remaining eight petitions obtained between seven and 30 signatures,
arrayed more loosely between the third and fourth groups. Some of these might also
be considered factional discharge efforts.
CRS-10
Table 2. Discharge Petitions, 1993-2002,
by Congress and by Number of Signers
Measure Subjected to Discharge
Petition
Number
Date
Filed
Special
Rule
(If Any)
Underlying Measure
Number
Subject
Final
Number
of
Signers
103rd Congress
2
5/27/93
---
H.Res. 134
Public discharge signatures
218
14
2/24/94
H.Res. 331
H.J.Res. 103
Balanced budget
constitutional amendment
218
16
5/4/94
H.Res. 407
H.R. 3266
Spending reductions
(“A to Z bill”)
204
25
8/3/94
H.Res. 489
H.R. 410
Unfunded mandates
173
13
2/9/94
---
H.Res. 281
Sense of House on child
pornography
167
21
5/26/94
H.Res. 405
S. 1458
Aircraft manufacturer
liability
160
23
6/29/94
---
H.R. 3875
Property rights against
environmental regulation
149
17
5/4/94
H.Res. 386
H.R. 3500
Welfare reform
147
18
5/11/94
H.Res 402
H.R. 300
Social security earnings
test
133
11
1/26/94
---
H.Res. 247
Point of order against
retroactive taxes
128
1
5/11/93
---
H.R. 493
Line item rescission
127
12
2/9/94
---
H.R. 3261
Internal Revenue Service
(IRS) staff liability for
litigation awards
116
3
7/1/93
---
H.J.Res. 38
Term limits constitutional
amendment
109
10
11/21/93
H.Res. 295
H.R. 2672
Crime
107
19
5/17/94
H.Res. 415
H.R. 830
Judicial review of
Regulatory Flexibility Act
compliance
102
4
9/23/93
---
H.J.Res. 9
Balanced budget
constitutional amendment
97
CRS-11
Measure Subjected to Discharge
Petition
Number
Date
Filed
Special
Rule
(If Any)
Underlying Measure
Number
Subject
Final
Number
of
Signers
15
3/24/94
H.Res. 382
H.R. 65
Military disability and
retirement
54
5
9/28/93
---
H.Res. 156
Repeal rule for automatic
debt limit adjustment
53
22
6/22/94
H.Res. 409
H.R. 3835
Advisory referenda on term
limits, balanced budget
amendment, line item veto
52
26
8/5/94
H.Res. 472
H.R. 3801
Congressional reform
49
9
10/19/93
---
H.Res. 227
Somalia withdrawal
47
6
10/7/93
---
H.R. 1025
Handgun regulation
(“Brady bill”)
10
20
5/25/94
---
H.J.Res. 131
Pearl Harbor remembrance
day
7
24
7/12/94
H.Res. 459
H.R. 3266
Spending reductions
(“A to Z bill”)
2
7
10/14/93
---
H.J.Res. 146
Term limits constitutional
amendment
1
8
10/14/93
---
H.Res. 125
House reform
1
104th Congress
8
1/24/96
H.Res. 292
H.R. 2409
Debt limit
173
6
11/17/95
H.Res. 242
H.R. 2261
Lobbying; gift ban
88
2
3/22/95
H.Res. 111
H.R. 807
International Monetary
Fund (IMF) assistance to
Mexico
55
15
7/17/96
H.Res. 466
H.R. 2275
Endangered species
amendments
51
12
3/21/96
H.Res. 373
H.R. 2566
Campaign finance
46
13
6/25/96
H.Res. 443
H.R. 1627
Pesticides and food safety
41
1
3/15/95
---
H.R. 125
Repeal assault weapon ban
26
9
1/30/96
H.Res. 333
H.R. 2530
Budget balancing
25
4
5/3/95
H.Res. 127
H.Res. 40
Gift ban
23
7
11/9/95
H.Res. 246
H.R. 302
Debt limit
17
CRS-12
Measure Subjected to Discharge
Petition
Number
Date
Filed
Special
Rule
(If Any)
Underlying Measure
Number
Subject
Final
Number
of
Signers
14
6/27/96
H.Res. 425
H.R. 2915
Welfare reform
16
11
3/7/96
H.Res. 364
H.R. 125
Repeal assault weapon ban
3
5
11/7/95
H.Res. 240
H.R. 1710
Terrorism
2
10
3/7/96
H.Res. 210
H.R. 464
Repeal assault weapon ban
1
3
4/5/95
---
H.R. 920
Repeal Violent Crime
Control and Law
Enforcement Act of 1994
1
105th Congress
3
10/24/97
H.Res. 259
H.R. 1366
Campaign finance
191 C
7
7/20/98
H.Res. 486
H.R. 3605
Patients’ rights
189 A
4
6/11/98
---
H.R. 306
Genetic discrimination
64
6
6/25/98
H.Res. 473
H.R. 3580
Supplemental
appropriations
45
1
9/11/97
---
H.Res. 141
Presidents’ Day holiday
40
2
10/9/97
---
H.R. 1984
Air quality standards
moratorium
31
5
6/23/98
H.Res. 467
H.R. 3526
Campaign finance
8
8
9/17/98
---
H.R. 836
Filipino military service
1
106th Congress
1
4/14/99
H.Res. 122
H.R. 417
Campaign finance
202
10
6/21/00
H.Res. 508
H.R. 3688
Campaign finance
196
9
5/11/00
H.Res. 478
H.R. 773
Older Americans Act
reauthorization
191
5
8/4/99
H.Res. 240
H.R. 1660
Public school
modernization
189
3
6/23/99
H.Res. 197
H.R. 358
“Patients’ Bill of Rights”
184
11
6/21/00
H.Res. 520
H.R. 2457
Genetic discrimination
178
6
10/5/99
H.Res. 301
H.R. 325
Minimum wage
165
7
2/16/00
H.Res. 371
H.R. 664
Medicare prescription drug
benefit
148
CRS-13
Measure Subjected to Discharge
Petition
Number
Date
Filed
Special
Rule
(If Any)
Underlying Measure
Number
Subject
Final
Number
of
Signers
8
2/16/00
H.Res. 372
H.R. 1495
Medicare prescription drug
benefit
143
4
7/15/99
H.Res. 192
H.R. 1037
Large ammunition clip
imports
103
2
4/20/99
H.Res. 126
H.R. 417
Campaign finance
3A
107th Congress
3
7/30/01
H.Res. 203
H.R. 2356
Campaign finance
218
1
6/13/01
H.Res. 146
H.R. 1076
School renovation
201
6
3/13/02
H.Res.352
H.R. 3341
Economic stimulus
201
8
7/17/02
H.Res. 456
H.R. 3884
Corporate tax flight
187
12
9/24/02
H.Res. 519
H.R. 1343
Prosecution of hate crimes
178
2
6/27/01
H.Res. 165
H.R. 1468
Markets for electric power
163 A
9
7/23/02
H.Res. 479
H.R. 3818
Corporate financial
regulation
161
7
6/19/02
H.Res. 425
H.R. 3497
Social security individual
accounts
157 B
10
7/23/02
H.Res. 480
H.R. 4098
Corporate fraud
153
11
9/19/02
H.Res. 517
H.R. 1862
Prescription drug
affordability
150 A
5
12/19/01
H.Res. 304
H.R. 808
Steel industry aid
124
4
11/13/01
H.Res. 271
H.R. 218
Concealed weapons for
police
46 B
Source: Records of discharge petitions in the Legislative Resources Center, Office of the Clerk of the House,
B106 Cannon House Office Building; also available at [http://clerkweb.house.gov/mbrcmtee/legis/pastleg.htm].
Additional information was drawn from the House Final Calendar and the Legislative Information System of
the U.S. Congress, at [http://www.congress.gov/], for the Congresses in question.
Notes:
a. One additional Member signed and later withdrew the signature.
b. Two additional Members signed and later withdrew their signatures.
c. Sixteen additional Members signed and later withdrew their signatures.
CRS-14
Success of Discharge Attempts
The success of a discharge effort can be assessed in various ways. The simplest
measure is whether the petition attains the 218 signatures requisite to permit
supporters to offer the discharge motion (known as “entering the motion on the
discharge calendar”). In a more basic sense, however, the ultimate goal of a
discharge petition is presumably not the offering of a discharge motion in itself, but
securing floor consideration for the measure in question. In a more extended sense,
the objective is presumably to see the measure not only considered, but also passed
by the House, and ultimately enacted into law.
The data in Tables 3 through 5 permit assessing the success of discharge efforts
in all three senses. In particular, the objective of securing floor consideration can be
accomplished either (1) if the discharge motion, once offered, is agreed to by the
House; or (2) if the prospect of discharge impels the House to take up the measure
under some other procedures. Table 3 shows the extent to which discharge efforts
have been successful at bringing about action through the discharge process itself;
Table 4 addresses the success of discharge efforts at bringing about action through
other procedures. Table 5 aggregates both classes of data.
Action Under Discharge Procedure
Bringing the measure to the floor. As Table 3 shows, only rarely since
1947 has more than one petition in the same Congress received the full 218
signatures needed for entry on the discharge calendar. On average throughout the
entire period, fewer than 10% of petitions have been entered. The petition entered
on the campaign finance reform bill in the 107th Congress (2001-2002) was the first
since the Republicans obtained the majority in the House in the 104th Congress
(1994-1995).
Between 1939 and 1972, however, when a discharge petition was entered, the
motion was almost always offered on the floor and almost always approved. If
supporters of a measure could secure 218 signatures, they could be confident that the
discharge procedure would enable them to secure floor consideration for their
measure. Before and after that period, on the other hand, entry of a petition did not
guarantee that a discharge motion would ever actually be offered on the floor, much
less adopted.
Instead, the committees of referral, the leadership, and the Committee on Rules
commonly used a variety of devices to preempt further proceedings under the
discharge rule. From the 1980s onward, these have often involved bringing up the
measure, or an alternative proposal, under terms of an alternative special rule
reported from the Committee on Rules. When this course of action occurs,
proponents of the discharge effort succeed in bringing about consideration of
legislation on the subject, but not necessarily of their preferred measure, and not on
their own terms. Events of this kind are considered further in the next section.
Table 3. Proceedings Under the House Discharge Rule,
1931-2002
CRS-15
Underlying Measure c
Discharge Motion
Discharge
Petitions
Filed
Entered a
Called
up b
Committee
Discharged
Passed
House
Received
Final
Approval d
72nd (1931-1933)
12
5
5
1
1
-
73rd (1933-1934)
31
6
1
1
1
-
74th (1935-1936)
33
3
2
2e
-
-
75th (1937-1938)
43
4
4
3f
2
1
76th (1939-1940)
37 g
2
2
2
2
-
77th (1941-1942)
15
1
1
1
1
-
78th (1943-1944)
21
3
3
3
3
1h
79th (1945-1946)
35
3
1
1
1
-
80th (1947-1948)
20
1
1
1
1
-
81st (1949-1950)
34
3i
1
1
1
-
82nd (1951-1952)
14
-
-
-
-
-
83rd (1953-1954)
10
1
1
1
1
-
84th (1955-1956)
6
-
-
-
-
-
85th (1957-1958)
7
1
1
1
1
-
86th (1959-1960)
7
1
1
1
1
1
87th (1961-1962)
6
-
-
-
-
-
88th (1963-1964)
5
-
-
-
-
-
89th (1965-1966)
6
1
1
1
1
-
90th (1967-1968)
4
-
-
-
-
-
91st (1969-1970)
12
1
1
1
1
-
92nd (1971-1972)
15
1
1
1
-
-
93rd (1973-1974)
10
-
-
-
-
-
94th (1975-1976)
15
-
-
-
-
-
95th (1977-1978)
11
-
-
-
-
-
96th (1979-1980)
14
2
1
1
-
-
97th (1981-1982)
24
1
-
-
-
-
98th (1983-1984)
13
1
-
-
-
-
99th (1985-1986)
10
1
-
-
-
-
Congress
and (Years)
CRS-16
Underlying Measure c
Discharge Motion
Congress
and (Years)
Discharge
Petitions
Filed
Entered a
Called
up b
Committee
Discharged
Passed
House
Received
Final
Approval d
100th (1987-1988)
5j
-
-
-
-
-
101st (1989-1990)
8
1
-
-
-
-
102nd (1991-1992)
8
1k
1k
1k
-
-
103rd (1993-1994)
26
2k
2k
2k
1
1h
104th (1995-1996)
15
-
-
-
-
-
105th (1997-1998)
8
-
-
-
-
-
106th (1999-2000)
11
-
-
-
-
-
107th (2001-2002)
12
1
-
-
-
-
Totals
(1931-2002)
563
47
31
26
19
4
Sources: House Final Calendars for the Congresses indicated. Beth, Discharge Rule: Procedure, pp.
74-75. Table 1.
Notes:
a. A discharge petition is “entered” on the discharge calendar when it receives the signatures of 218
Members (one-half of the House). During the 72nd and 73rd Congresses, 135 signatures were
required (one-third of the House). In the 86th Congress, when the membership of the House
temporarily reached 437 with the admission of Alaska and Hawaii, 219 signatures were
required.
b. A discharge motion may be offered on the floor on any second or fourth Monday falling at least
seven legislative days after the discharge petition is entered (as described in the previous note).
Usually, each day on which the House convenes is a legislative day.
c. A discharge petition may be filed to bring to the floor either a substantive measure in committee or
a “special rule” from the Committee on Rules providing for House consideration of such a
measure that is either in committee or was previously reported. The last two columns of this
table reflect action on the underlying substantive measure, not on the special rule, if any, on
which discharge was directly sought.
d. Includes measures that reached the following status: (1) became law, for bills and joint resolutions;
(2) submitted to the states for ratification, for joint resolutions proposing constitutional
amendments; (3) agreed to by the House, for House resolutions; and (4) finally agreed to by
both chambers, for concurrent resolutions.
e. One of the measures from which a committee was discharged was not subsequently considered by
the House.
f. The Committee on Rules was discharged from a special rule for consideration of one measure, and
the measure was then taken up but recommitted. The Committee on Rules was subsequently
discharged from a second special rule for considering the measure. This measure is counted
twice in this column and the columns farther to the left, but only once in those farther to the
right.
g. Includes one petition filed and later withdrawn.
CRS-17
h. Resolution changing House rules.
i. Includes one petition entered with respect to a special rule on a measure and another entered on the
same measure directly.
j. Includes one petition filed on a special rule for considering two measures.
k. Includes one measure in the 102nd Congress, and two measures in the 103rd, from which the
committee was discharged, and which were brought to the floor, after the discharge petition was
entered, by unanimous consent.
Passage. Even when a measure does come to the floor pursuant to the
discharge procedure, the House has not always chosen to pass it. This finding might
be thought surprising, for a measure can reach the floor through discharge only if a
majority of Members (1) sign the petition, (2) vote for the discharge motion, and also
(3) vote for the special rule or consideration of the measure. A measure that can pass
these tests would seem to have a manifest capacity to command majority support in
the House. Especially between 1969 and 1994 (91st-104th Congresses), however,
many of the measures reaching the floor through discharge were proposed
constitutional amendments. Such proposals may possess the majority support
required for discharge, yet lack the two-thirds support required for their adoption.
Recent examples, noted below in Table 8, begin with the Equal Rights Amendment
in the 91st Congress, and continue through the Balanced Budget Amendment on
several occasions in the 97th through 103rd Congresses.
Enactment. Finally, only two measures have become law after being
considered pursuant to discharge: a federal pay act in the 86th Congress, and the
Wages and Hours Act in the 75th (the first minimum wage law). Measures facing
sufficient opposition to block their consideration in the House under regular
procedures often suffer strong opposition at other stages of the legislative process as
well. The House also adopted two changes in rules after consideration pursuant to
discharge. These actions occurred in the 78th and 103rd Congresses, the latter action
being the amendment that made discharge petition signatures public.
Action Under Other Procedures After a Petition Has Been
Entered
In practice, when a discharge petition obtains its 218 signatures and is entered
on the discharge calendar, the result almost guarantees that supporters will have an
opportunity to bring the measure to the floor. Sometimes, however, the action that
occurs at this point is not pursuant to the discharge rule itself, but under other
procedures. Action of this kind presumably represents an attempt by the committee
of jurisdiction, the leadership, or the Committee on Rules to recover control of the
floor by taking action to preempt the opportunity that the discharge rule affords. The
left-hand portion of Table 4 shows how frequently measures received floor action
under other procedures after a discharge petition received 218 signatures and was
entered on the discharge calendar.
From 1951 through 1978, such action never occurred; previously and thereafter,
it occurred seldom. The most recent example, on campaign finance reform in the
107th Congress, was the first in over a decade. Yet every measure that has reached
CRS-18
the floor under other procedures after a discharge petition was entered has been
passed by the House and gone on to final approval, except proposed constitutional
amendments (the Balanced Budget Amendment in the 97th and 101st Congresses).
This record of success is substantially more favorable than that for measures
considered pursuant to the discharge procedure itself.
Before 1951, when alternative floor action occurred after a petition was entered,
it was typically because the committee of referral reported the measure and had it
called up under usual procedures. Since 1979, by contrast, the committee usually did
not report the measure; instead, the alternative action usually involved House floor
consideration of an alternative special rule or alternative measure on the same
subject. Alternative actions of this sort are included in Table 4 when identifiable.
On some recent occasions, however, supporters of discharge have not permitted
these attempted alternative actions to forestall further proceedings by discharge. For
example, the last two times a petition was entered on a Balanced Budget Amendment
(102nd and 103rd Congresses; see Table 8), supporters arranged for the committee to
be discharged, and for the measure to be considered, by unanimous consent.
Action Under Other Procedures While a Petition Was Pending
The right-hand side of Table 4 shows that alternative action has occurred more
frequently on measures for which discharge petitions had not achieved the requisite
218 signatures. Approximately half the measures considered under such
circumstances proceeded to final approval, a proportion intermediate between that
for measures considered pursuant to discharge and for measures considered under
alternative procedures after a petition was entered. Again, action on alternative
measures on the same subject, or pursuant to alternative special rules, is included in
Table 4 where it could be identified.
Action on measures with petitions pending was especially common before the
mid-1960s, then disappeared entirely until the 1980s. The alternative action in these
cases may represent attempts by the committee of referral, or the leadership, to
preempt a discharge effort that either perceives as likely to succeed. For petitions
that attract few signers, however, the force of discharge as a threat is presumably
minimal, so that the alternative action may have occurred simply in the normal course
of committee and leadership activity. Some of these discharge efforts may have
occurred in part because supporters of the measures underestimated the likelihood
of success through normal procedures. For Congresses prior to the 103rd, of course,
there is usually no way of knowing definitely whether a petition obtained few or
many signatures.
Table 4. Measures on Which Discharge Petitions Were Filed,
But That Received Action Under Other Procedures, 1931-2002
CRS-19
Action on Measure
With Petition Pending a
Action on Measure
After Petition Entered a
Congress
and (Years)
Considered
Passed
House
Received
Final
Approval b
Considered
Passed
House
Received
Final
Approval b
72nd (1931-1933)
-
-
-
1
1
-
73rd (1933-1934)
1
1
1
-
-
-
74th (1935-1936)
-
-
-
3
3
2
75th (1937-1938)
-
-
-
2
1
1
76th (1939-1940)
-
-
-
2
2
1
77th (1941-1942)
-
-
-
-
-
-
78th (1943-1944)
-
-
-
-
-
-
79th (1945-1946)
2
2
2
-
-
-
80th (1947-1948)
-
-
-
1
1
1
81st (1949-1950)
1
1
1
4
3
-
82nd (1951-1952)
-
-
-
1
1
1
83rd (1953-1954)
-
-
-
1
1
1
84th (1955-1956)
-
-
-
1
1
-
85th (1957-1958)
-
-
-
4c
4c
2c
86th (1959-1960)
-
-
-
1
1
1
87th (1961-1962)
-
-
-
-
-
-
88th (1963-1964)
-
-
-
1
1
1
89th (1965-1966)
-
-
-
-
-
-
90th (1967-1968)
-
-
-
-
-
-
91st (1969-1970)
-
-
-
-
-
-
92nd (1971-1972)
-
-
-
-
-
-
93rd (1973-1974)
-
-
-
-
-
-
94th (1975-1976)
-
-
-
-
-
-
95th (1977-1978)
-
-
-
-
-
-
96th (1979-1980)
1
1
1
-
-
-
97th (1981-1982)
1
-
-
-
-
-
98th (1983-1984)
1
1
1
3
3
2
99th (1985-1986)
1
1
1
-
-
-
100th (1987-1988)
-
-
-
-
-
-
CRS-20
Action on Measure
With Petition Pending a
Action on Measure
After Petition Entered a
Congress
and (Years)
Considered
Passed
House
Received
Final
Approval b
Considered
Passed
House
Received
Final
Approval b
101st (1989-1990)
1
-
-
1
-
-
102nd (1991-1992)
-
-
-
-
-
-
103rd (1993-1994)
-
-
-
3
3
3
104th (1995-1996)
-
-
-
2
2
1
105th (1997-1998)
-
-
-
-
-
-
106th (1999-2000)
-
-
-
1
1
-
107th (2001-2002)
1
1
1
-
-
-
10
8
8
32
29
17
Total
(1931-2002)
Source: House Final Calendars for the Congresses indicated. Beth, Discharge Rule: Procedure, pp.
86-89. Table 1.
a. Includes action on alternative measures, where identifiable. A discharge petition is “entered” on
the discharge calendar when it receives the signatures of 218 Members.
b. Includes measures that reached the following status: (1) became law, for bills and joint resolutions;
(2) submitted to the states for ratification, for joint resolutions proposing constitutional
amendments; (3) agreed to by the House, for House resolutions; and (4) finally agreed to by
both chambers, for concurrent resolutions.
c. Petitions were filed on special rules for both initial consideration of, and disposition of Senate
amendments to, one measure. On each occasion the Committee on Rules reported, and the
House adopted, an alternative special rule. This measure is accordingly counted twice in the
“considered” and “passed House” columns, but only once under “received final approval.”
Summary: Action Under All Procedures
Table 5 brings together action under other procedures that may have been
related to the presence of a discharge effort, as discussed in the previous two
sections, with action under the discharge rule itself, as discussed in the section before
that. The first three data columns in Table 5 repeat the last three columns of Table
3, on action under the discharge rule itself, except for omitting one early case in
which the House voted for discharge but never considered the measure in question.
The second three data columns represent the sum of the entries in the two parts of
Table 4, on action under other procedures on measures subjected to discharge
attempts. The last three columns represent the sum of the entries in the previous two
parts of the table, thereby covering all action on measures on which discharge
attempts took place.
These summary columns show that overall, between 1931 and 2002, 67 of the
563 measures against which discharge petitions were filed were considered in the
CRS-21
House either by discharge or under other procedures. (As mentioned earlier, an
additional few were reported, though not considered.) Some of these measures may
have received action for reasons unrelated to the filing of the discharge petition.
Supporters of most, however, presumably believed discharge action necessary
because the measures were otherwise unlikely to reach the floor, and also believed
that attempting discharge would enhance the measures’ prospects. The frequency
with which measures on which discharge petitions were filed reached the floor by
some means, as compared with the frequency for all measures, offers some support
for this proposition.
CRS-22
Table 5. Action on Measures on Which Discharge Petitions Were Filed, 1931-2002
Action Under Discharge Procedure a
Congress
(and years)
Action Under Other Procedures a
Total a
Considered
Passed
House
Received Final
Approvalb
Considered
Passed
House
Received Final
Approval b
Considered
Passed
House
Received Final
Approval b
72nd (1931-1933)
1
1
-
1
1
-
2
2
-
73rd (1933-1934)
1
1
-
1
1
1
2
2
1
74th (1935-1936)
1c
-
-
3
3
2
4
3
2
75th (1937-1938)
3d
2
1
2
1
1
5d
3
2
76th (1939-1940)
2
2
-
2
2
1
4
4
1
77th (1941-1942)
1
1
-
-
-
-
1
1
-
78th (1943-1944)
3
3
1e
-
-
-
3
3
1e
79th (1945-1946)
1
1
-
2
2
2
3
3
2
80th (1947-1948)
1
1
-
1
1
1
2
2
1
81st (1949-1950)
1
1
-
5
4
1
6
5
1
82nd (1951-1952)
-
-
-
1
1
1
1
1
1
83rd (1953-1954)
1
1
-
1
1
1
2
2
1
CRS-23
Action Under Discharge Procedure a
Congress
(and years)
Action Under Other Procedures a
Total a
Considered
Passed
House
Received Final
Approvalb
Considered
Passed
House
Received Final
Approval b
Considered
Passed
House
Received Final
Approval b
84th (1955-1956)
-
-
-
1
1
-
1
1
-
85th (1957-1958)
1
1
-
4
4
2f
5
5
2F
86th (1959-1960)
1
1
1
1
1
1
2
2
2
87th (1961-1962)
-
-
-
-
-
-
-
-
-
88th (1963-1964)
-
-
-
1
1
1
1
1
1
89th (1965-1966)
1
1
-
-
-
-
1
1
-
90th (1967-1968)
-
-
-
-
-
-
-
-
-
91st (1969-1970)
1
1
-
-
-
-
1
1
-
92nd (1971-1972)
1
-
-
-
-
-
1
-
-
93rd (1973-1974)
-
-
-
-
-
-
-
-
-
94th (1975-1976)
-
-
-
-
-
-
-
-
-
95th (1977-1978)
-
-
-
-
-
-
-
-
-
96th (1979-1980)
1
-
-
1
1
1
2
1
1
97th (1981-1982)
-
-
-
1
-
-
1
-
-
CRS-24
Action Under Discharge Procedure a
Congress
(and years)
Action Under Other Procedures a
Total a
Considered
Passed
House
Received Final
Approvalb
Considered
Passed
House
Received Final
Approval b
Considered
Passed
House
Received Final
Approval b
98th (1983-1984)
-
-
-
4
4
3
4
4
3
99th (1985-1986)
-
-
-
1
1
1
1
1
1
100th (1987-1988)
-
-
-
-
-
-
-
-
-
101st (1989-1990)
-
-
-
2
-
-
2
-
-
102nd (1991-1992)
1g
-
-
-
-
-
1g
-
-
103rd (1993-1994)
2g
1
1e
3
3
3
5g
4
4e
104th (1995-1996)
-
-
-
2
2
1
2
2
1
105th (1997-1998)
-
-
-
-
-
-
-
-
-
106th (1999-2000)
-
-
-
1
1
-
1
1
-
107th (2001-2002)
-
-
-
1
1
1
1
1
1
25
19
4
42
37
25
67
56
29
Totals
(1931-2002)
Source: Tables 3 and 4.
CRS-25
Notes:
a. Includes action on alternative measures, where identifiable.
b. Includes measures that reached the following status: (1) became law, for bills and joint resolutions; (2) submitted to the states for ratification, for joint resolutions
proposing constitutional amendments; (3) agreed to by the House, for House resolutions; and (4) finally agreed to by both chambers, for concurrent resolutions.
c. On one additional measure, not counted in this table, the committee was discharged, but the House never proceeded to consider the measure.
d. The Committee on Rules was discharged from a special rule for the consideration of one measure, and the measure was then considered but recommitted. The
Committee on Rules was subsequently discharged from a second special rule for considering the measure. This measure is counted twice under “considered,”
but only once under “passed House” and “received final approval.”
e. One resolution changing House rules.
f. For one measure, petitions were filed on special rules both for initial consideration and for disposition of Senate amendments. On each occasion the Committee
on Rules reported, and the House adopted, an alternative special rule. This measure is accordingly counted twice in the “considered” and “passed House”
columns, but only once under “received final approval.”
g. Includes one measure in the 102nd Congress, and two measures in the 103rd, that were taken from committee and brought to the floor by unanimous consent after
the discharge petitions were entered.
CRS-26
Recent Discharge Efforts and Floor Action
Table 8 provides specific information on individual measures on which
discharge was attempted and action beyond the committee stage occurred. The data
in Table 8 do not cover the entire period since 1931, but only from 1967 through
2002 (90th-107th Congresses), roughly the time since the Committee on Rules has
operated consistently as an organ of the leadership, and during which use of the
discharge procedure has generally remained stable at moderate levels.
This period includes 221 discharge efforts, 24 of which were followed by House
floor consideration of the measure involved (or an alternative on the same subject).
In relation to two of these measures, however, two petitions each were filed, so that
these 24 petitions relate to a total of only 22 measures. An additional 11 measures
on which discharge was sought were reported, but not taken up for consideration.
Table 8 lists all 33 of these measures, thereby including all cases, during the period
covered, for which either (1) use of the discharge rule could have helped to promote
further action, or (2) the leadership or Committee on Rules, rather than the committee
of jurisdiction, might have formed the chief obstacle to consideration.
Forms of Discharge and Conditions of Floor Action
Although House action on these 33 measures took a wide variety of forms, some
patterns are discernible. First, each of the three methods of discharge provided by the
rule was represented in similar numbers. Relative to how often each method was
attempted, however, the frequency with which further action occurred varied
markedly:
!
Nine measures were reported after petitions were filed on the
measures themselves. Eight of these received floor consideration
(6% of the 138 unreported measures on which petitions were filed).
!
Thirteen measures were reported after petitions were filed on special
rules for their consideration. Nine of these received floor
consideration (13% of the 72 unreported measures for which
petitions on special rules were filed).13
!
Eleven measures had already been reported before petitions were
filed on special rules for their consideration. Only four of these
received floor consideration, but these made up 36% of the 11
reported measures for which petitions on special rules were filed.14
13
Throughout the discussion, one case in which petitions were filed both on the unreported
measure itself and on a special rule for its consideration is included in this category.
14
Two of these four measures had also received some floor action before the petition was
filed.
CRS-27
The 33 measures also were distributed roughly equally among the various
courses of events through which they might or might not reach the floor:
!
Petitions on 12 of the measures were entered on the discharge
calendar. Just six of these measures, however, reached the floor
through the discharge procedure itself; the other six were called up
through other procedures.
!
Ten other measures reached the floor, by procedures other than
discharge, even though the petitions remained pending.
!
In the remaining 11 cases, the discharge petitions remained pending,
and the measures were reported, but never actually considered.
As Table 6 shows, however, the different courses of subsequent action were not
evenly distributed among the three forms of discharge attempt. Overall, measures on
which discharge was sought reached the floor more often under other procedures than
under the discharge rule itself. This pattern, however, did not appear among petitions
that were filed directly on measures, but only among those filed on special rules for
considering measures, and especially on rules for measures already reported. Among
measures that were subjected to discharge attempts and reached the floor, the
proportions that did so under procedures other than discharge itself were
!
!
!
50% when the petitions were filed directly on unreported measures,
80% when they were filed on special rules for unreported measures,
and
100% when they were was filed on special rules for reported
measures.
Among the same measures, the proportions that reached the floor even though the
discharge petitions remained pending were
!
!
!
25% when the petitions were filed directly on unreported measures;
50% when they were filed on special rules for unreported measures,
and
75% when they were filed on special rules for reported measures.
These figures indicate that measures became increasingly likely to reach the
floor under alternative procedures, rather than pursuant to the discharge rule itself,
the more directly the form of the discharge effort represented a challenge to the
normal control of the floor agenda by the leadership and the Committee on Rules.
In other words, the relationships shown in Table 6 suggest that the Committee on
Rules has tended to respond vigorously to potential direct infringements of its special
role in regulating the floor agenda, but has not always found it necessary to forestall
CRS-28
potential infringements only of the general gatekeeping role common to all
committees.15
Table 6. Methods of Discharge
and Conditions of Floor Action, 1967-2002
Petition filed on: b
Unreported
measure
Special
rule for
unreported
measure
Special
rule for
reported
measure
Discharge
4
2
0
6
Other procedure,
after entry of petition
2
3
1c
6
Other procedure,
with petition still pending
2
5d
3c
10
Reported only; no floor action
1
3e
7
11
Total
9
11
33
Conditions of floor action a
13
Total
Source: Table 8.
Notes:
a. See “Discharge Attempt: Action” and “Floor Action” in Table 8.
b. See “Discharge Attempt: Form” in Table 8.
c. On one measure in each of these cells, some floor action had also occurred before any petition was
filed.
d. In one case, a second petition, on the unreported measure itself, was also filed.
e. In one case, only the special rule, not the underlying measure, was reported.
Finally, the 11 measures that were only reported, and not considered on the
floor, are also unequally distributed among the forms of discharge. Seven of the 11
had been reported before the petitions were filed, and so presumably represent
situations in which the Committee on Rules found no preemptive action necessary
to maintain its usual control of the floor agenda. The remaining four, however, were
reported after the discharge petitions were filed, and in these cases the reports may
have been intended to counter the discharge attempt. One of these petitions was filed
directly on the measure, so that reporting the measure rendered the discharge attempt
moot. Two others were filed on special rules for considering measures, so that
reporting the measures did not preclude subsequent discharge and adoption of the
rules, but such events did not occur. The fourth was also filed on a special rule, and
the Committee on Rules then reported the rule, but no member of the Committee
15
On this point, I am indebted to discussions with my colleague Elizabeth Rybicki.
CRS-29
invoked the rule permitting him or her to call up a reported special rule not
considered within seven legislative days.16
Conditions of Floor Action and Legislative Success
Table 7 shows how many of the 22 measures on which discharge was sought,
and that ultimately reached the floor under various procedures, received favorable
action from the House. Presumably, a measure on which a discharge petition obtains
the full 218 signatures required is supported by a majority of the House. Of the 12
measures on which a petition was entered, nevertheless, the House passed only six.
All six of the rejected measures were constitutional amendments, which require a
two-thirds vote for passage.
Of these 12 measures, only six were considered under the discharge procedure
itself, mostly during the earlier years of the period covered. Five of the six were
constitutional amendments, and four of the five were defeated. The only other
measure the House adopted pursuant to the discharge procedure itself was an
amendment of its rules – changing the discharge rule itself to make signatures public.
Table 7. House Disposition of Measures on Which Discharge
Was Sought, by Conditions of Floor Action, 1967-2002
Constitutional
Amendments
Conditions of Floor Action
Total
Adopted
Rejected
Other Measures
Passed
Rejected
Discharge
6
1
4
1a
0
Other procedure,
after entry of petition
6
0
2
4
0
Other procedure,
without entry of petition
10
0
1
9
0
Total
22
1
7
14
0
Source: Table 8.
a. Amendment to House Rules, adopted.
Correspondingly, of the 16 measures considered under other procedures,
whether or not the petitions were entered, three (all of them constitutional
amendments) were defeated. The House passed the other 13, none of which was a
constitutional amendment. Ten of these 13 became law, including all four that
reached the floor after the petitions were entered. In summary, Table 7 shows that
during the period covered, when a discharge effort has succeeded in bringing to the
16
House Rule XIII, clause 6(d). House Manual, sec. 861.
CRS-30
floor a measure that required the support only of an ordinary voting majority, the
likelihood that the House would pass the measure has been excellent.
Information Displayed on Measures Receiving Action
Each entry in Table 8 identifies the measure on which discharge was attempted
by number and notes its subject (proposed constitutional amendments include the
notation “AMENDMENT”). The table also notes the committee(s) to which the
measure was referred, or from which it was reported. It next shows which of the
forms of discharge petition was filed, how many signatures it obtained, and whether
it resulted in a discharge motion being offered on the floor. The following two
columns note key events in floor action on the measure, under the discharge rule
itself or under other procedures, respectively. These events include actions taken on
related special rules and alternative measures. The last column notes the final status
of the measure. Throughout, the table provides the numbers of any related measures
and the dates of key actions. The following paragraphs detail the significance and
use of each of these items.
Form of Discharge Action. Table 8 indicates whether a discharge petition
was filed (1) directly on an unreported measure, (2) on a special rule for considering
an unreported measure, or (3) on a special rule for considering a reported measure.
It also gives the date the petition was filed, and, where applicable, the resolution
number of the special rule.17
Number of Signatures. Table 8 notes which petitions obtained the full 218
signatures required before a motion to discharge may be offered on the House floor.
Also, from the 103rd Congress forward, it notes the number of signatures obtained by
each other petition. Before the House amended the rule in that Congress to make
signatures to pending discharge petitions publicly available, they were treated as
confidential except when the full 218 were obtained.
Action on Discharge Motion. Once the 218 signatures are obtained, a
motion to discharge is entered on a special discharge calendar. Beginning seven
legislative days thereafter, the motion may be offered on the second or fourth
Monday of each month, except during the last six days of a session. Table 8 notes
whether and when this motion was offered. On several occasions during the period
examined, after a discharge motion was entered, the House instead accepted a
unanimous consent request that the committee be discharged and the measure be
considered at a specific time. Table 8 treats the acceptance of such a request as
equivalent to the adoption of a discharge motion. When a petition does not obtain
218 signatures, of course, no discharge motion can be offered on the floor, and no
discharge vote can occur.
17
The implications of all three methods of discharge are more fully explained in Beth,
Discharge Rule: Features (CRS Report 97-552).
CRS-31
Floor Action. Table 8 reports action pursuant to the discharge rule itself in
one column, and that pursuant to other procedures in a separate column. In either
case, the pertinent column notes whether the measure was (1) reported from
committee after the petition was filed, (2) taken up on the floor, and (3) passed or
rejected. If the measure was considered under the terms of a special rule, the table
also records floor action on the rule. For measures not considered in Committee of
the Whole, the table identifies the procedure under which consideration took place.
Sometimes, although floor action does not take place on the measure that is the
subject of the discharge procedure, it does occur on some other measure on the same
subject. This action may occur because the committee of referral reports the other
measure; the leadership schedules it for floor consideration; or the Committee on
Rules reports a special rule for considering it. If discharge is sought on a special rule,
another possibility is that the Committee on Rules may report a different special rule,
providing for consideration of the same measure or an alternative measure. Actions
of these kinds may represent attempts to forestall or preempt consideration of the
measure on which the petition was filed, or at least to forestall its consideration under
the terms of the original special rule. Table 8 identifies cases in which such actions
occurred, noting the numbers of the alternative measures and special rules.
Occasionally, a discharge petition is filed on a special rule for considering a
measure after it has already received some floor consideration. (The campaign
finance legislation of the 107th Congress is an example, as already mentioned.) In the
column on alternative floor action, Table 8 notes any floor consideration that
occurred on a measure before a discharge petition was filed, but distinguishes this
action with an asterisk (*). Similarly, when a measure was reported from committee
after a petition was filed, although the measure then received no actual floor
consideration, Table 8 also notes this event in the column for alternative floor action,
but in italics.
Final Status. A discharge attempt may succeed in bringing the measure in
question (or an alternative) to the floor under either the discharge procedure itself or
some other procedure, yet the measure considered may still fail to achieve enactment.
The House may consider the measure and reject it, or the measure may fail at a later
stage of the legislative process. Table 8 notes whether each measure listed became
law or (for concurrent or simple resolutions, and for joint resolutions proposing
constitutional amendments) otherwise attained final congressional approval. For
measures that did not reach final approval, the table notes the last point in the
legislative process the measure reached. This information indicates whether a
measure failed or succeeded through the discharge effort itself, or because of
conditions occurring at other some point in the process.
Timing of Action. Table 8 does not supply a date for every legislative action
it lists. It does, however, identify dates on which
! measures were referred or, where pertinent, reported;
! discharge petitions were filed;
! the required number of signatures was obtained; and
! key floor actions took place.
CRS-32
The rule requires a petition to be filed at least 30 legislative days after the date
of referral. The interval between referral and filing may suggest how urgent the
measure’s supporters felt the matter to be, or how much confidence they had in the
committee of referral. Similarly, the interval from filing to obtaining 218 signatures,
as well as the number of signatures obtained, may indicate the breadth and intensity
of support for a measure.
Finally, the interval between the filing or entering of the discharge petition and
floor action on the measure may suggest whether the committee of jurisdiction, the
House leadership, or the Committee on Rules was attempting to supersede or
forestall action pursuant to the discharge procedure. This information accordingly
helps to suggest the effectiveness of the discharge procedure in eliciting responsive
action by these organs. Such an effect might be inferred, for example, if, after a
discharge petition is entered but before the discharge motion can be offered on the
floor, the committee reports the measure or the Committee on Rules reports a special
rule.
CRS-33
Table 8. Measures on Which Discharge Petitions Were Filed
and Which Became Available for Floor Action, 1967-2002
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Form
Action
Under Discharge
Procedure b
Under Other
Procedures
Final
Status
90th Congress (1967-1968)
none
91st Congress (1969-1970)
H.J.Res. 264
Equal rights
AMENDMENT
Referred to
Judiciary, 1/16/69
Filed 6/11/70 on
unreported measure
218 signers
obtained
7/20/70;
committee
discharged
H.R. 17555
Fair employment
Reported by
Education and
Labor, 8/21/70
Filed 12/9/70 on
H.Res. 1273 for
reported measure
signers not
completed
House did
not act
H.R. 18214
Consumer
Protection
Agency
Reported by
Government
Operations,
7/30/70
Filed 12/18/70 on
H.Res. 1294 for
reported measure
signers not
completed
House did
not act
Filed 4/1/71 on
unreported measure
218 signers
obtained
9/21/71;
committee
discharged
Measure considered
under one-hour rule,
8/10/70
Measure passed
Senate
did not
conclude
consideration
92nd Congress (1971-1972)
H.J.Res. 191,
School prayer
AMENDMENT
Referred to
Judiciary, 1/22/71
Measure considered
under one-hour rule,
11/8/71
Measure rejected
House did
not act
further
CRS-34
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Form
Action
Under Discharge
Procedure b
Under Other
Procedures
Rule reported, 8/1/72
Final
Status
H.J.Res. 620,
School busing
AMENDMENT
Referred to
Judiciary, 5/6/71
Filed 10/4/71 on
H.Res. 610 for
unreported measure
signers not
completed
House did
not act
H.J.Res. 253,
District of
Columbia
representation
AMENDMENT
Reported by
Judiciary, 2/29/72
Filed 5/1/72
on H.Res. 950 for
reported measure
signers not
completed
House did
not act
93rd Congress (1973-1974)
none
94th Congress (1975-1976)
H.R. 7590
Audit of Federal
Reserve agencies
Reported by
Banking,
Currency, and
Housing, 7/10/75
Filed 10/7/95 on
H.Res. 746 for
reported measure
signers not
completed
House did
not act
H.R. 9725
Strip mining
Reported by
Interior and
Insular Affairs,
3/12/76
Filed 4/7/76 on
H.Res. 1107 for
reported measure
signers not
completed
House did
not act
95th Congress (1977-1978)
none
CRS-35
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Form
Action
Under Discharge
Procedure b
Under Other
Procedures
Final
Status
96th Congress (1979-1980)
H.J.Res. 74
School busing
AMENDMENT
Referred to
Judiciary, 1/15/79
Filed 3/21/79 on
unreported measure
218 signers
obtained
6/27/79;
committee
discharged
Measure considered
under one-hour rule,
7/24/79
Measure rejected
H.R. 3567
Soft drink
distributor
antitrust
exemption
Referred to
Judiciary, 4/10/79
Filed 5/8/80 on
unreported measure
218 signers
obtained
5/29/80
Measure reported, 6/20/80
Measure considered by suspension of
rules
Measure passed
S. 598 passed in lieu
P.L.
96-308
H.R. 3263
Regulatory
reform
Referred to
Judiciary, 3/27/79
Filed 7/2/80 on
unreported measure
signers not
completed
Measure reported, 9/25/80
House did
not act
Filed 7/12/82 on
H.Res. 450 for
unreported measure
218 signers
obtained
9/29/82
Alternate rule reported (H.Res. 604)
Alternate rule adopted, 10/1/84
Measure considered
Measure rejected
House did
not act
further
Filed 3/17/83 on
unreported measure
218 signers
obtained
5/4/83
Measure reported, 5/13/83
Alternate measure (H.R. 2973)
reported, 5/13/83
Alternate measure considered by
suspension of rules
Alternate measure passed
P.L.
98-67
House did
not act
further
97th Congress (1981-1982)
H.J.Res. 350
Balanced budget
AMENDMENT
Referred to
Judiciary,
10/29/81
98th Congress (1983-1984)
H.R. 500
Interest and
dividend
withholding
Referred to Ways
and Means,
1/6/83
CRS-36
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Form
Action
Under Discharge
Procedure b
Under Other
Procedures
Final
Status
H.R. 1510
Immigration
Reported by
Judiciary,
5/13/83;
Agriculture,
6/27/83; Energy
and Commerce,
Education and
Labor, 6/28/83;
Ways and Means
discharged by
terms of referral,
6/27/83
Filed 10/28/83 on
H.Res. 338 for
reported measure
signers not
completed
Alternate rule reported, 6/8/84
(H.Res. 519)
Alternate rule adopted
Measure considered
Measure passed
S. 529 passed in lieu
in
Conference
H.R. 3
Bankruptcy
courts
Reported by
Judiciary,
2/24/83;
Appropriations
discharged by
terms of referral,
3/18/83
Filed 11/2/83 on
H.Res. 346 for
reported measure
signers not
completed
Alternate rule reported, 3/20/84
(H.Res. 465) for consideration of
alternate measure (H.R. 5174)
Alternate rule adopted, 3/21/84
Alternate measure considered
Alternate measure passed
P.L.
98-353
H.R. 5345
School religious
group meetings
Reported by
Education and
Labor, 4/26/84
Filed 6/21/84 on
H.Res. 510 for
reported measure
signers not
completed
* Measure considered by suspension
of rules, 5/15/84
* Measure rejected
Rule reported (H.Res. 554) for Senate
amendment to H.R. 1310, including
similar provisions
Rule considered by suspension of
rules, 7/24/84
Rule adopted
Measure considered by suspension of
rules
Measure passed
P.L.
98-377
CRS-37
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Form
Action
Under Discharge
Procedure b
Under Other
Procedures
Final
Status
99th Congress (1985-1986)
H.R. 945
Gun control
Referred to
Judiciary, 2/6/85
Filed 10/22/85 on
H.Res. 290 for
unreported measure
218 signers
obtained
3/13/86
H.R. 20
Savings and loan
regulation
Reported by
Banking, Finance,
and Urban
Affairs, 6/18/85
Filed 7/22/86 on
H.Res. 480 for
reported measure
signers not
completed
Alternate rule reported, 3/19/86
(H.Res. 403) for alternate measure
(H.R. 4332)
Alternate rule adopted, 4/9/86
Alternate measure considered
Alternate measure adopted
S. 49 adopted in lieu
P.L.
99-308
House did
not act
100th Congress (1987-1988)
none
101st Congress (1989-1990)
H.J.Res. 350
Flag burning
AMENDMENT
Referred to
Judiciary, 6/29/89
Filed 3/28/90 on
H.Res. 350 for
unreported measure
signers not
completed
Alternate rule reported (H.Res. 417)
Alternate rule adopted, 6/21/90
Measure considered by suspension of
rules
Measure rejected
Alternate measure considered by
suspension of rules (H.R. 5091)
Alternate measure rejected
House did
not act
further
H.J.Res. 268
Balanced budget
AMENDMENT
Referred to
Judiciary, 5/11/89
Filed 5/24/90 on
H.Res. 391 for
unreported measure
218 signers
obtained
6/19/90
Alternate rule reported (H.Res. 434)
Alternate rule adopted, 7/17/90
Measure considered under one-hour
rule
Measure rejected
House did
not act
further
CRS-38
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Under Discharge
Procedure b
Final
Status
Form
Action
Filed 5/20/92 on
H.Res. 450 for
unreported measure
218 signers
obtained
5/20/92;
committee
discharged by
unanimous
consent
Rule adopted, 6/10/92
Measure considered
Measure rejected
House did
not act
further
Measure considered
under one-hour rule,
9/28/93
Measure agreed to
House
adopted
Under Other
Procedures
102nd Congress (1991-1992)
H.J.Res. 290
Balanced budget
AMENDMENT
Referred to
Judiciary, 6/26/91
103rd Congress (1993-1994)
H.Res. 134
Publish discharge
motion signatures
Referred to Rules,
3/18/93
Filed 5/27/93 on
unreported measure
218 signers
obtained
9/8/93;
committee
discharged by
unanimous
consent
H.R. 1025
Handgun
purchases
(“Brady bill”)
Referred to
Judiciary, 2/22/93
Filed 10/7/93 on
unreported measure
10 signers
H.J.Res. 103
Balanced budget
AMENDMENT
Referred to
Judiciary, 2/4/93
Filed 2/24/94 on
H.Res. 331 for
unreported measure
218 signers
obtained
2/24/94;
committee
discharged by
unanimous
consent
Rule reported, 11/9/93 (H.Res. 302)
Measure reported, 11/10/93
Rule adopted, 11/10/93
Measure considered
Measure passed
Rule adopted, 3/16/94
Measure considered
Measure rejected
P.L.
103-159
House did
not act
further
CRS-39
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Form
Action
Under Discharge
Procedure b
Under Other
Procedures
Final
Status
H.J.Res. 131
Pearl Harbor
remembrance day
Referred to Post
Office, 3/3/93
Filed 5/25/94 on
unreported measure
7 signers
Measure reported, 7/12/94
Measure considered by unanimous
consent
Measure passed
P.L.
103-308
S. 1458
Aircraft
manufacturer
liability
Reported by
Public Works,
5/24/94 (referred
to Public Works,
Judiciary,
3/18/94)
Filed 5/26/94 on
H.Res. 405 for
unreported measure
160 signers
Measure reported, 6/24/94 (Judiciary)
Measure considered by suspension of
rules
Measure passed
P.L.
103-298
(1) Filed 3/15/95 on
unreported measure
26 signers
(2) Filed 2/23/96 on
H.Res. 364 for
unreported measure
3 signers
Alternate rule reported (H.Res. 388)
Alternate rule adopted, 3/22/96
Measure considered under one-hour
rule
Measure passed
104th Congress (1995-1996)
H.R. 125
Semi-automatic
assault weapons
Referred to
Judiciary, 1/4/95
Senate did
not act
H.R. 1710
Terrorism
Referred to
Judiciary, 5/25/95
Filed 11/7/95 on
H.Res. 240 for
unreported measure
2 signers
Measure reported, 12/5/95
House did
not act
H.R. 1627
Pesticides and
food safety
Referred to
Agriculture,
Commerce,
5/12/95
Filed 5/25/96 on
H.Res. 443 for
unreported measure
41 signers
Measure reported, 6/11/96
(Agriculture), 7/23/96 (Commerce)
Measure considered by suspension of
rules, 7/23/96
Measure passed
P.L.
104-170
CRS-40
Floor Action a
Discharge Attempt
Measure and
Subject
H.R. 2275
Endangered
Species Act
amendments
Committee
Action
Referred to
Resources,
Agriculture,
9/7/95
Form
Action
Filed 7/17/96 on
H.Res. 466 for
unreported measure
51 signers
Filed 6/25/98 on
H.Res. 473 for
reported measure
45 signers
(1) Filed 4/14/99 on
H.Res. 122 for
unreported measure
202 signers
(2) Filed 4/20/99 on
H.Res. 126 for
unreported measure
3 signers
(one
additional
signature
withdrawn)
Under Discharge
Procedure b
Under Other
Procedures
Measure reported, 9/9/96
(Resources)
Agriculture discharged by terms of
referral, 9/9/96
Final
Status
House did
not act
105th Congress (1997-1998)
H.R. 3580
Supplemental
appropriations
Reported by
Appropriations,
3/27/96
House did
not act
106th Congress (1999-2000)
H.R. 417
Campaign finance
Referred to House
Administration,
Education and
Workforce,
Government
Reform,
Judiciary, Ways
and Means,
Rules, 1/19/99
Measure reported adversely, 8/5/99
(House Administration)
Other committees discharged by
terms of referral, 8/5/99
Alternate rule reported (H.Res. 283)
Alternate rule adopted, 9/14/99
Measure considered
Measure passed
Senate did
not act
CRS-41
Floor Action a
Discharge Attempt
Measure and
Subject
Committee
Action
Form
Action
Under Discharge
Procedure b
Under Other
Procedures
Final
Status
107th Congress (2001-2002)
H.R. 2356
Campaign finance
Reported
adversely by
House
Administration,
7/10/01; Energy
and Commerce,
Judiciary
discharged by
terms of referral,
7/10/01
Filed 7/30/01on
H.Res. 203 for
reported measure
218 signers
obtained
1/24/02
* Rule reported (H.Res. 188)
* Rule rejected, 7/12/01
Alternate rule reported (H.Res. 304)
Alternate rule adopted, 2/12/02
Measure considered
Measure passed
P.L.
107-155
Source: U.S. Congress, House of Representatives, Calendars of the United States House of Representatives and History of Legislation, Final
edition [95th-106th Congresses] (Washington: GPO [various years]). Congressional Legislative Information System database on legislative status,
available at [http://www.congress.gov/]. Records of discharge petitions and signatures thereto in the Legislative Resource Center of the House
of Representatives (also available for recent Congresses at [http://clerkweb.house.gov/mbrcmtee/legis/pastleg.htm]). The author expresses
appreciation to the Office of the Clerk for assistance with access to these records, and to Hettie J. Beth for assistance in compiling the data reported.
Notes: Italics indicate the reporting of a measure, after a petition was filed, when no further floor action took place. Asterisks (*) indicate floor
action that occurred before any petition was filed.
a. Floor action on the measure took place in Committee of the Whole unless otherwise indicated.
b. Including action pursuant to unanimous consent requests with equivalent effect after petition obtained full number of signatures.